The House passed a bill Tuesday that would make undocumented immigrants charged with nonviolent crimes eligible for deportation, a move the Republican majority has vowed to follow through on border enforcement promised by President-elect Donald J. Trump. It was the opening salvo by.
The bill, backed by all Republicans as well as 48 Democrats, appears to be on track to become law with bipartisan support in the Senate, where it is scheduled to be considered on Friday. It is named after Laken Riley, a 22-year-old nursing student who was killed in Georgia last year by an immigrant who entered the United States illegally and was arrested and charged with shoplifting but was not taken into custody.
The swift action comes as Congressional Republicans, emboldened by the triumvirate they will maintain upon Trump's inauguration on January 20, have used their power to reinstate and pass a number of border security measures that died in the previous Congress. It reflected the state of being. The Senate has a Democratic majority. These include bills that would increase deportations, detain asylum seekers outside the United States, and strip federal funds from cities that would limit their cooperation with federal immigration enforcement authorities.
“This bill is more than just a bill. It's a return to common-sense American values,” Rep. Tom Emmer of Minnesota, the No. 3 Republican, told reporters on Tuesday. “And under President Trump's leadership, a lot more will happen, wherever that came from.”
The bipartisan vote of 264-159 comes as some Democrats, heartbroken by their party's defeat in the November election, are bracing for a tougher approach under Mr. It shows how they are reevaluating their positions on issues.
“While we work toward comprehensive solutions to our broken systems, we also need to take steps to prevent tragedies like this one,” Sen. John Fetterman, a Pennsylvania Democrat, said in a statement Tuesday supporting the bill. I support providing the information to the authorities.”
Republicans, who control 53 seats in the Senate, would need support from seven Democrats to bring the bill to a vote. Democratic Sen. Ruben Gallego of Arizona, who was elected in November, and Sen. Elissa Slotkin of Michigan voted in favor of the bill as members of the House last year.
The bill would require federal authorities to detain undocumented immigrants charged with crimes such as robbery, theft, theft and shoplifting, expanding the list of charges for which they can be detained and deported. . It aims to target people like José Antonio Ibarra, the Venezuelan man who was sentenced to life in prison in November for Riley's murder.
“At this time, ICE cannot detain or deport illegal criminals who have committed these minor crimes,” said the bill's author, Georgia Republican Rep. Mike Collins.・Said in the floor, referring to the Customs Enforcement Bureau. “We need to get these people off our streets. These criminals are getting bolder while our communities become more dangerous.”
Many Democrats argue the new categories are too broad and could result in innocent people being detained.
“Unfortunately, there are countless examples of people being wrongfully arrested for crimes they did not commit,” Rep. Pramila Jayapal, a Washington Democrat, said on the floor. “People are entitled to their day in court and are innocent until proven guilty. That seems to be something the majority have forgotten or don't care about.”
Under current law, noncitizens convicted of at least two misdemeanors may be subject to deportation.
The bill would also give state attorneys general the right to sue the U.S. attorney general or the secretary of Homeland Security if a released immigrant who entered the U.S. illegally commits a crime that harms the state or its residents.
Democratic critics argued that the provision was unconstitutional and would give conservative state attorneys general substantial direction on federal immigration policy.
“This appears to be a despicable attempt to circumvent a recent Supreme Court decision that limits states' ability to sue the federal government over immigration enforcement issues,” Rep. Jerrold Nadler, D-N.Y., said on the House floor. ” he said. He was referring to the court's 2023 decision in Federal v. Texas, in which state attorneys general challenged the Biden administration's policy on prioritizing the detention and deportation of undocumented immigrants. The court ruled 8-1 that it could not.
But Republicans are only acting on the scenario that Justice Brett M. Kavanaugh laid out in the majority opinion in that case, allowing states to sue if their residents are harmed. he claimed. Judge Kavanaugh wrote that states could bring such lawsuits “if Congress elevates de facto injuries to the status of legally recognized injuries that can be remedied by federal courts.”
“By the book, that's exactly what this bill is about,” said California Republican Rep. Tom McClintock.